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(영문) 수원지방법원 2016.05.20 2015고단5941
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From August 2013, the Defendant practically operated a stock company with the purpose of livestock products distribution business and restaurant chain business.

1. Fraud;

A. The Defendant committed the crime against the victim D in F restaurant located in Seodaemun-gu Seoul Metropolitan Government around July 2014, 2014, supplied the victim D, who is the university motive, with the amount equivalent to KRW 20 million at the LA contribution gift market price for the purpose of the cryp special board.

In order to secure imported land, the price must be paid in advance.

“.......”

However, the facts revealed that the Defendant was only liable for the amount of KRW 50 million without any particular property, and that the Defendant was operated as the enemy under the circumstances where the Defendant was also liable for the amount of KRW 70 million. Therefore, even if the Defendant received money from the victim, it is inevitable to use it as the building rent, interest cost, etc. of the Co., Ltd., and thus, there was no intent or ability to supply the victim with the LA contribution gift gift.

As such, the Defendant, by deceiving the victim, received the remittance of KRW 20 million from the victim on August 7, 2014, from the victim to the victim.

B. On October 2014, the Defendant committed a crime against the Victim G, at the mutual infinite coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul, and the victim G, a university motive, “The Defendant has property worth KRW 1 billion in the name of his wife, and is operating a restaurant at the present franchise.

If an investment of KRW 60 million is made in relation to the Seoul's shopping mall business, it will guarantee the principal and pay the fixed income of KRW 2 million per month.

“.......”

However, the fact was that the Defendant, who divorced with his wife around June 2014, was solely liable for the amount of KRW 550 million without any particular property. C, a corporation run by the Defendant, was operated as the enemy while the Defendant was also liable for the amount of KRW 70 million, and the Seoul store project that the Defendant intended to operate.

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